Skip to main content

Posts

Showing posts with the label case note

Not Getting Over The Hill... A Criticism Of The Yorkshire Ripper Tort Case

Hill v Chief Constable of West Yorkshire [1988] 1 AC 53 was a landmark case in establishing limits on third party liability for tortious negligence. The estate of Hill, the final victim of Peter Sutcliffe (better known as the Yorkshire Ripper), sued the Chief Constable of West Yorkshire police, claiming that their failure to apprehend the killer sooner negligently caused her death. Anyone with some knowledge of the Yorkshire Ripper case is aware of the disastrous investigation led by the police, which failed time-and-time-again to catch Sutcliffe, who they had interviewed nine times in connection with the murders. The 1982 Byford report heavily criticised the police for what was, at the time, the largest manhunt in British history – they had focussed too heavily on hoax confessional tapes and letters (against the advice of experts and victims alike) and their poor filing system meant that officers were left underprepared and key connections were not made linking evidence to Sutcl...

We are not EUmused... The Supreme Court's Judgment on Prorogation

Yesterday, the UK Supreme Court ruled on what is possibly the most important constitutional law case in a generation. In the case of R (Miller) v Prime Minister [2019] UKSC 41, the court handed down a judgment that we will be seeing the reverberations of for decades to come. It is an intensely political case, but the court were keen to set aside partisanship and rule simply on the law as they saw it. You may recall, a few weeks ago when Johnson announced the prorogation of Parliament, I wrote a post saying that it was a legal exercise of the prerogative powers, but evidently I was too hasty in making this judgment. Lady Hale, the President of the court, handed down a unanimous judgment that declared the prorogation was illegal, and thus, in effect, didn't happen at all. But let's look at how they came to this decision, and the key parts of their judgment... For some background: The UK decided in a referendum in 2016 to leave the EU. Whilst the result was not legally bind...